She Loves Me, She Loves me not – Court Rules Love is not needed

Ms Angkawijaya lost her initial case with the Department of Immigration and Border Protection summarised in this REASONS FOR JUDGMENT

KENNY AND GRIFFITHS JJ:

Love and marriage, love and marriage

Go together like a horse and carriage

This I tell you brother

You can’t have one without the other…

These memorable lines from a song made famous by Frank Sinatra in 1955 substantially encapsulate the issue which is at the heart of this appeal. Shortly stated, that issue is whether, for the purpose of relevant provisions of migration legislation relating to partner visas, there must be love and affection for there to be a genuine spousal or de facto relationship.

This was then appealed to the FCCA which held the Tribunal erroneously considered it to be a requirement for a de facto relationship that it be characterised by romantic love.

The Minister of Immigration appealed the decision to the Federal Court of Australia Full Court and they dismissed this appeal.

Bottom Line : No Love is needed so long as there is a mutually exclusive (de facto) relationship.